This policy represents the Farbyte Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy.
This policy defines the terms of service all customers agree to when they sign-up for hosting services with Farbyte.
Farbyte reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to customers.
Customers using any services offered by Farbyte consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Farbyte, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Farbyte maintaining one or more accounts (each "account"), you agree to the following terms of service.
DISCLAIMER OF WARRANTY
The internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times. That said, Farbyte offers a 99.9% network uptime guarantee. This is valid for only the network infrastructure. Farbyte will pursue all resources and channels available to maintain maximum uptime; however, Farbyte is not responsible for any down time caused by a client's error.
FARBYTE MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Farbyte nor anyone else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of Farbyte, even if Farbyte has been advised to the possibility of such damages.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FARBYTE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE FARBYTE'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF FARBYTE'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHERIN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FARBYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FARBYTE'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO FARBYTE FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FARBYTE'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Farbyte and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable legal fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto Farbyte's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Farbyte's equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by Farbyte's gross negligence or wilful misconduct; and (d) any other damage arising from your equipment or your business.
WEB HOSTING SERVICES
Farbyte will provide web hosting services or internet server rental ("the service") to its members for the express purpose of allowing customers to provide http internet content to the general public. The service allows Farbyte members to maintain internet websites, receive, and maintain email accounts, and access web space via FTP to upload files for their websites. For the term of the agreement as set forth herein, Farbyte agrees to provide these services according the plan selected by you upon activation of your account. Farbyte reserves the right to change, amend, and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Farbyte website at the time you create your account and remain in effect throughout the term of your agreement. Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.
Farbyte members will use the provided services in a manner consistent with any and all applicable laws of the United Kingdom and, if applicable, the country where the Farbyte server hosting the service is physically located. Farbyte provides the services exclusively and makes no effort to edit, control, monitor, or restrict the content of data other than as necessary to provide such services. If any of the below activities are committed, Farbyte can terminate a client's account without notification.
DOMAIN REGISTRATION AND DOMAIN RELATED SERVICES
Farbyte does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. Farbyte does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.
Farbyte will not own or otherwise control any domain name registered on your behalf. Farbyte provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Farbyte for any and all damages, losses, claims, or expenses arising from or related to the acquisition, registration and/or use of the domain name. Any costs incurred by Farbyte to obtain and/or maintain the domain name on your behalf shall be charged to you by Farbyte under the provision therefore elsewhere herein.
Domains are only free of charge for the duration of the Shared Hosting package life. If transferred to other packages or providers, domains are subject to applicable fees and standard registration charges will apply.
DOMAIN PRIVACY AND REGISTRATION SERVICE
Upon request, the Farbyte member may elect to use Farbyte's Privacy Registration Service. If so, you agree to be bound by the terms of the Farbyte which may be found on the Farbyte website. The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set for that length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all Farbyte services.
Farbyte offers this service in compliance with all domain name registration laws and obligations under all jurisdictions. This includes acceptable terms as illustrated by ICANN listed at www.icann.org and www.nominet.org.uk/
Farbyte offers a listing of additional services in conjunction with its domain registration and web hosting services. The terms of these services are governed by this agreement. The details of these services are as indicated within the Farbyte website.
IP ADDRESS OWNERSHIP
During the course of providing services to a customer, Farbyte may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Farbyte shall retain ownership of any IP address or addresses used by the customer under this agreement, and that Farbyte reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
The following applies to all Farbyte services.
In addition to our General Acceptable Use Policy the following applies to all our shared hosting accounts:
In addition to our General Acceptable Use Policy the following applies to all our VPS services:
Farbyte charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.
SERVICE LEVEL AGREEMENT (SLA)
Farbyte offers its clients a 99.9% network uptime guarantee.
Farbyte is not responsible for any downtime caused by the client.
Outages due to scheduled maintenance work do not contribute to any SLA uptime guarantee or calculations thereof.
SUSPENSION AND TERMINATION
At the sole discretion of Farbyte, for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payment of fees or any violation of the acceptable use policy, Farbyte may suspend your account by deactivating any access by you and/or by web users to any information contained on the Farbyte servers related to your account. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension, you will be notified. At the option of Farbyte, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
a) Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Farbyte servers. Such information or data may or may not be made available to you by Farbyte after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of Farbyte. In the event of termination, there will be no refund provided to you. In addition, Farbyte may charge you an additional termination fee not to exceed £100.00 at its sole option. The assessment of this termination fee shall not affect the rights of Farbyte to recover from you losses, damages, indemnity, defence costs, expert costs, collection costs, and/or legal fees.
Your rights under this agreement may be assigned only upon prior notice and express approval by Farbyte. Any other attempted transfer or assignment of rights hereunder shall be null and void.
You have all rights to transfer, sell, or modify your domain name to another person or individual. If you decide to sell or transfer your domain name and Farbyte is the domain name registrar, please request our "domain name transfer instructions" by opening a support ticket. We will send you the specific details and information about transfer of ownership.
Web hosting services accounts from Farbyte are not transferable and cannot be assigned to another individual.
Farbyte may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Farbyte.
Farbyte may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the Farbyte websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any material modification to this agreement is unacceptable to the customer it shall be customer's responsibility to terminate his/her subscription. If the customer does not terminate the agreement within 10 days of the material modification, then customer's continued use will mean that customer has accepted the amended or modified agreement and the agreement is in full force and effect.
All information, mail messages and other data stored on Farbyte's computer system will be treated as private and solely the property of the Customer at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Customer and/or for the purpose of Farbyte's back up services and/or providing the Customer with the Services and/or for Farbyte's own internal purposes such as market research and security investigation.
Farbyte expressly points out to the Customer that by entering into this Agreement the Customer acknowledges and agrees that once the Customer's unencrypted data passes onto the Internet, it is not secure and is open to unscrupulous use. Farbyte cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Customer and Farbyte recommends the use of encryption for transfer of sensitive data or information
The Customer accepts that the register of the Naming Organisation will include the Customer's name and address, administrative partner and technical partner and other details relating to them. This information (if it refers to individuals) is personal data for the purposes of the Data Protection Act 1984. The Customer accepts that the Naming Organisation may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the domain name(s) or any other related purpose.
The following applies to all Farbyte guarantees:
Farbyte shall not be liable for any failure in performing its obligations under this Agreement due to circumstances beyond its reasonable control.
To be an authorised affiliate of Farbyte, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Farbyte service as an affiliate. By signing up for the Farbyte Affiliate program, you indicate your acceptance of this agreement and its terms and conditions. This Agreement contains the complete terms and conditions that apply to your participation as a member of the Farbyte Affiliate program. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Farbyte. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
Participants caught violating or attempting to circumvent these rules will have all affiliate credit voided and will not receive payouts. They will also be banned from any further participation in this program and may have any other Farbyte related services suspended.